UNCLASSIFIED (U)

8 FAM 1203
Release of Information from PASSPORT and Consular Report of Birth Abroad RECORDS

8 FAM 1203.1

Release of Information from Passport RECORDS

(CT:CITZ-113;   10-08-2024)
(Office of Origin:  CA/PPT/S/A)

8 FAM 1203.1-1  Introduction

(CT:CITZ-104;   03-04-2024)

a. This subchapter provides policies and procedures for the release of information from records and for access to the actual records maintained by the directorate of Passport Services in the Department of State, Bureau of Consular Affairs (CA/PPT).  It also covers release under legal process or pursuant to the Privacy Act, 5 U.S.C. 552a, the Freedom of Information Act (FOIA), 5 U.S.C. 552, and the Department’s regulation implementing the Privacy Act and FOIA, 22 CFR 171 "Public Access to Information." See 7 FAM 060 for exceptions to these policies and procedures in the context of overseas operations.

b. For the purposes of this subchapter, “passport records” refers to paper records and electronic records, including photographs, and scanned images of applications and supporting forms/documentation from any CA/PPT automated or hard-copy system, including, but not limited to the:

(1)  American Citizen Records Query (ACRQ);

(2)  Consular Consolidated Database (CCD);

(3)  Consular Lookout and Support System (CLASS);

(4)  Enterprise Case Assessment Service (ECAS);

(5)  Passport Issuance Electronic Record System (PIERS);

(6)  Passport Lookout Tracking System (PLOTS); and

(7)  Passport Record Imaging System Management (PRISM).

c.  7 FAM 060 contains exceptions to these policies and procedures in the context of overseas operations, including for disclosure of information contained in American Citizens Services Plus (ACS+) that originates or is derived from passport records (including from databases specified in 8 FAM 1203.1-1 paragraph b., above, or from forms or documents specified in 8 FAM 1203.1-1 paragraph d.  Overseas posts and OCS country officers should request approval for release of information from CA/PPT records unless an exception in 7 FAM 060 applies.

d. Passport records, as used in this subchapter, include:

(1)  Passport applications:

(a)  Passport applications:

(i)     Form DS-11, "Application for a U.S. Passport" (formerly Form DSP-11);

(ii)    Form DS-82, "U.S. Passport Renewal Application for Eligible Individuals" (formerly Form DSP-82);

(iii)    Form DS-4085, " Miscellaneous Passport Services;”

(iv)   Form DS-5504, "Application for a U.S. Passport for Eligible Individuals (Correction, Name Change to a Passport Issued 1 Year Ago or Less, and Limited Passport Replacement;" and

(v)    Form DS-19, “U.S. Passport Amendment/Validation Application;”

(b)  Affidavits, statements, and questionnaires submitted with or associated with passport applications, and the following:

(i)     Form DS-10, "Birth Affidavit" (formerly Form DS-10a);

(ii)    Form DS-60, "Affidavit Regarding a Change of Name;"

(iii)    Form DS-64, "Statement Regarding a Lost or Stolen Passport" (formerly Form DSP-64);

(iv)   Form DS-71, "Affidavit of Identifying Witness;"

(v)    Form DS-86, "Statement of Non-Receipt of a Passport" (formerly Form DSP-86);

(vi)   Form DD-1056, "Authorization to Apply for a "No-Fee" Passport and/or Request for Visa;"

(vii)   Form DS-1640, "Request for Passport Services;"

(viii)  Form DS-3053, "Statement of Consent: Issuance of a Passport to a Minor Under Age 16;"

(ix)   Form DS-5507, “Affidavit of Parentage, Physical Presence, and Support;”

(x)    Form DS-5513, "Supplemental Questionnaire to Determine Entitlement for a U.S. Passport;"

(xi)   Form DS-5520, "Supplemental Questionnaire to Determine Identity for a U.S. Passport;"

(xii)   Form DS-5523, "Questionnaire to Determine Eligibility for Diplomatic/Official U.S. Passports - U.S. Government Non-Personal Services Contractors;"

(xiii)  Form DS-5524, "Questionnaire to Determine Eligibility for Diplomatic/Official U.S. Passports - U.S. Government Personal Services Contractors Only;" and

(xiv)  Form DS-5525, "Statement of Exigent/Special Family Circumstances for Issuance of a U.S. Passport to a Minor Under Age 16;"

(c)  All other documents, authorizations, worksheets, etc., including photocopies of the same, attached to the application;

(2)  Applications for registration as a citizen of the United States of America (see 7 FAM 1120 Appendix H);

(3)  Applications for a Consular Report of Birth Abroad, including:

(a)  Form FS-240, "Consular Report of the Birth Abroad of a Citizen of the United States of America” (CRBA);

(b)  Form FS-545, “Certification of Birth Abroad of a Citizen of the United States of America;”

(c)  Form DS-1350, “Certification of Report of Birth of a United States Citizen;” and

(d)  Form DS-2029, “Application for a Consular Report of Birth Abroad of a Citizen of the United States of America,” and supporting documentation, which may include form DS-5507;

(4)  Panama Canal Zone birth and death certificates;

(5)  Certificates of Witness to Marriage (see 7 FAM 1458);

(6)  Form DS-4083, "Certificate of Loss of Nationality of the United States;”

(7)  Form DS-4082: "Witnesses' Attestation Renunciation/Relinquishment of Citizenship;"

(8)  Form DS-4081: "Statement of Understanding Concerning the Consequences and Ramifications of Renunciation or Relinquishment of U.S. Nationality;"

(9)  Form DS-4080: "Oath/Affirmation of Renunciation of Nationality of United States;"

(10) Form DS-4079: "Request for Determination of Possible Loss of United States Citizenship;"

(11) Oaths of Repatriation;

(12) Consular Certificates of Repatriation;

(13) Form DS-2060, “Report of the Death of an American Citizen Abroad;”

(14) Cards of identity and registration as a U.S. citizen (see 7 FAM 1120 Appendix H);

(15) Lookout records (see 8 FAM 501.5 and 8 FAM 1204.1);

(16) Lost, stolen, or revoked passport status; and

(17) Miscellaneous materials (see System of Records Notice (SORN) State-26).

e. See also 7 FAM 060, “Privacy Act and ACS” and 5 FAM 460, “Privacy Act Requirements.”

f.  Requests for CA/PPT records made pursuant to the Privacy Act or  FOIA must be handled in accordance with the applicable Department regulations at 22 CFR 171.

g. Requests for CA/PPT records made in connection with litigation must be handled in accordance with applicable Department regulations at 22 CFR 172.  Records must not be released under Part 172 except with the concurrence of the Office of the Legal Adviser.

h. Records of U.S. citizens, non-citizen U.S. nationals, and U.S. lawful permanent residents are all subject to the Privacy Act.

8 FAM 1203.1-2  RESPONSIBILITIES

(CT:CITZ-113;   10-08-2024)

a. You are not authorized to release passport records or information without approval from CA/PPT/S/RM/RRR. Overseas posts and OCS Country Officers must request approval for release of information from CA/PPT records unless an exception in 7 FAM 060 applies.

NOTE:  You may verify there is a pending application or previously issued passport in ACRQ in conjunction with a pending passport application (see guidance in 8 FAM 1201.1).

b. CA/PPT/S/RM/RRR's responsibilities include responding to requests for passport records from the general public, law enforcement (including the Office of Inspector General), within the Department, and federal, state, and local agencies, made under the Privacy Act or the FOIA.  CA/PPT/S/RM/RR responds for the Bureau of Consular Affairs (CA) to most requests for passport records that fall under the FOIA/ Privacy Act, and coordinates as appropriate with the Office of the Legal Advisor (L/CA).

NOTE: Only one office in CA may authorize the release of passport records and/or information contained in such records: CA/PPT/S/RM/RRR (see also 8 FAM 1203.1-7 regarding the responsibilities of other offices within the Department).  Requests for release of CA/PPT passport records and/or information may be emailed to PPT-Public-FOIARequests@state.gov email address or mailed to:   U.S. Department of State Records Review and Release Division CA/PPT/S/RM/RRR 44132 Mercure Cir PO Box 1213 Sterling, VA 20166-1213

c.  For purposes of this subchapter, the Office of Records Management, Record Creation and Retention Division's (CA/PPT/S/RM/RCR's) responsibilities include providing user access to PIERS and ACRQ:

(1)  CA/PPT/S/RM/RCR is the official custodian of CA/PPT's records.  This division is responsible for the safekeeping, maintenance, storage, retrieval, and certification of records; and

(2)  CA/PPT/S/RM/RCR responds to requests for replacement of consular vital records, such as Consular Reports of Birth Abroad (CRBAs), Consular Reports of Death Abroad, Certificates of Witness to Marriage, Canal Zone birth and death documents, etc., for purposes of establishing U.S. citizenship and identity.  CA/PPT/S/RM/RCR is also responsible for amendment of CRBAs.

d. The Internal Controls Guide for Employees provides procedural guidance for protecting a passport applicant’s privacy in accordance with the Privacy Act and other privacy provisions, including Office of Management and Budget (OMB) circulars and other guidance, for passport agencies/centers.

8 FAM 1203.1-3  APPLICABLE LAW AND POLICY

(CT:CITZ-108;   06-14-2024)

a. As a matter of law and policy, the Department accords passport records a high degree of protection.   

b. The authorized user must have an official reason for accessing anyone’s passport information (see 8 FAM 1201.1).  The fact that an authorized user knows someone, or that an individual’s name is mentioned in the news, is not justification for them to search and view a passport record.

c.  Disclosure may be made in accordance with one of the enumerated exceptions in subsection (b) of the Privacy Act, including “routine uses” published in the Department of State Prefatory Statement of Routine Uses, the Passport Records System of Records Notice SORN (State-26), the Overseas Citizens Services SORN (State-05) or, in some cases, other Department SORNs. These notices are available at the Department of State's internet system of records notice page.

d. The Privacy Act provides that a government employee can face criminal charges and a fine up to $5,000 for certain knowing and willful disclosure violations as set out in the Act..   Disclosing information from passport records to others within the Department is permissible if the recipient has a need to know the information in the course of official business.

e. The Privacy Act permits records to be disclosed only as allowed by the Privacy Act, including disclosures within the Department of State or to another U.S. government agency.

8 FAM 1203.1-4  GENERAL Procedures

(CT:CITZ-104;   03-04-2024)

a. Unless specified otherwise in this subchapter or in 7 FAM 060, requests for copies of passport records must be made in writing and notarized or made under penalty of perjury pursuant to 28 U.S.C. 1746.

b. First-party (i.e., Privacy Act) requests include requests made by the subject of the record and their representatives (see 8 FAM 1203.1-5 and 8 FAM 1203.1-6).  The first-party requester must submit:

(1)  A description of the requested record in sufficient detail to permit identification of the records (per 22 CFR 171.22(b));

(2)  A written request, that is either notarized or made under the penalty of perjury pursuant to 28 U.S.C. 1746, that includes the identity verification information described in 22 CFR 171.22(d):

(a)  The full name at birth and any subsequent name changes of the individual whose records are being requested and (if submitting on behalf of another, the representative’s full name as well;

(b)  The requester’s current mailing address;

(c)  The requester’s daytime telephone number and e-mail address (if available);

(d)  The date and place of birth of the subject;

(e)  The date or estimated date the passport(s) was issued;

(f)   The passport number of the subject, if known; and

(g)  Any other information that will help locate the records;

(3)  A clear photocopy of the requester’s valid government-issued photo identification, such as a driver’s license or other acceptable identification document(s) (see 8 FAM 401.3); and

(4)  Evidence of parental relationship or guardianship, or that the requester is an authorized representative of designee, if the records are being requested on the basis of such a relationship.  Additional information on the relevant requirements for third party requests are set forth in 22 CFR 171.22(e).

c.  All requests for passport records of a third party (other than authorized Privacy Act requests made by a parent, legal guardian, or other authorized representative or designee) will be processed under the FOIA and should be directed to CA/PPT/S/RM/RRR.  Court orders should be submitted to the Executive Office of the Office of the Legal Adviser (L/EX).

d. CA/PPT/S/RM/RRR generally is the reviewing office for all requests for passport records except when the request concerns the issuance of consular vital records, such as CRBAs, Consular Reports of the Death of a U.S. Citizen Abroad, Panama Canal Zone birth and death documents, and certified copies of Certificates of Witness to Marriage which are reviewed and issued by CA/PPT/S/RM/RCR.

e. Individuals requesting a consular vital record, such as replacement CRBAs, may write directly to CA/PPT/S/RM/RCR (see 8 FAM 1001.6).  If an individual is requesting the supporting documents attached to a CRBA, they must write directly to CA/PPT/S/RM/RRR.

8 FAM 1203.1-4(A)  Court Orders and Subpoenas; Requests Related to Litigation

(CT:CITZ-104;   03-04-2024)

a. 22 CFR 172 contains the Department's regulations governing the service of process and the production of official documents, information, or testimony in response to court orders, subpoenas, or similar requests or demands in connection with litigation.

b. A summons and complaint constitute formal notice to the party being served that a lawsuit against that party has been filed.  Only the Executive Office of the Legal Adviser (L/EX) is authorized to receive and accept summonses and complaints sought to be served upon the Department or its employees in their official capacities (22 CFR 172.2).  Refer all process servers to 22 CFR 172.2 and to L/EX, and send all summonses and complaints received by mail to L/CA.

U.S. Department of State Executive Office, Office of the Legal Adviser (L/EX) 600 19th Street, NW, Suite 5.600 Washington, DC  20036

c.  Receipt of subpoenas:

(1)  Subpoenas for the testimony of a CA/PPT employee in a passport fraud or related prosecution being handled by an assistant U.S. attorney must be referred to L/CA immediately on receipt by a passport agency/center (22 CFR 172.4(b)).  L/CA, in consultation with the passport agency management and the assistant U.S. attorney, will determine how CA/PPT will respond to the subpoena;

(2)  In cases in which the Department is represented by legal counsel, subpoenas, court orders, and other requests for passport records may be addressed to the Department's counsel of record (22 CFR 172.3(a)); and

(3)  Service of subpoenas or court orders for any other purpose and all other requests for records, information, or witnesses may only be made on L/EX. (See 2 FAM 500 Legal Affairs.)  Refer process servers to L/EX, and send all subpoenas received by mail to L/CA.

U.S. Department of State Executive Office, Office of the Legal Adviser (L/EX) 600 19th Street, NW, Suite 5.600 Washington, DC  20036

 

8 FAM 1203.1-4(B)  Requests for Information and/or Records Regarding U.S. Citizenship Status including Certificates of Loss of Nationality (CLN)

(CT:CITZ-104;   03-04-2024)

a. As a matter of policy, the Department generally declines to confirm or deny the U.S. citizenship status of a person upon request by a member of the public, including the media, without justification.

b. An agency/center must refer any request for Certificate of Loss of Nationality records (CLN records)   to CA/PPT/S/RM/RRR; and

c.  In accordance with 7 FAM 1240, “Interagency Coordination and Reporting Requirements,” CA/OCS/ACS must notify appropriate federal agencies (Department of Homeland Security, Federal Bureau of Investigation, Internal Revenue Service; and Secret Service as appropriate) of the issuance of a Certificate of Loss of Nationality of the United States as required by law.  CA/OCS/ACS provides the interagency with a scanned copy of the issued DS-4083, Certificate of Loss of Nationality only; if any agency/law enforcement entity seeks the entire record, CA/PPT/S/RM/RRR must authorize any release.

NOTE:  If an individual and/or a representative requests administrative review of the Department's issuance of a Certificate of Loss of Nationality, refer them to Loss of Nationality - Administrative Reviews at LN-Admin-Reviews@state.gov.

8 FAM 1203.1-4(C)  Requests for Certified Copies of Passport and Citizenship Records

(CT:CITZ-104;   03-04-2024)

Under the authority of 28 U.S.C. Appendix, Federal Rule 902(4), a certified copy of a passport or citizenship record is admissible as evidence.  The Secretary has delegated to the Assistant Secretary for Consular Affairs authority (Delegation of Authority number 143, dated October 30, 1981) to certify passport and citizenship records under the seal of the Department and in the name of the Secretary of State or the Acting Secretary of State.  This authority has been re-delegated to CA/PPT/S/RM/RCR.  Requests for certified copies of passport records should be forwarded to CA/PPT/S/RM/RRR.

8 FAM 1203.1-4(D)  Requests for Release of Original Records

(CT:CITZ-104;   03-04-2024)

a. Once executed, a form DS-11 is an official CA/PPT record (other passport applications, and forms DS-11 received unexecuted, become official records when received by the Department).  An applicant is not entitled to the return of an original, executed passport application, or any accompanying documents that you determine should be retained, such as affidavits or altered/mutilated documents.

b. Original passport records will normally be released only when needed by a law enforcement agency for forensic analysis.  In other cases where an original record is requested, a certified copy will be provided instead.

c.  Originals may not be used for forensic purposes unless prior written approval is obtained from  CA/PPT/S/RM/RRR and the record has been preserved in ACRQ.  Requests for issued passport applications that are still located at a passport agency/center or post and are not yet available in ACRQ must be approved by CA/PPT/S/RM/RRR before release.  Scanning of the application in PRISM can occur at the passport agency/center or at CA/PPT/S/RM/RCR.

d. CA/PPT/S/RM/RRR will coordinate any release of the original passport record, or a copy of the passport records, with the passport agency/center or post.

8 FAM 1203.1-4(E)  In-Person (Public Counter/Window), Telephone, and/or E-mail Requests for Information

(CT:CITZ-104;   03-04-2024)

a. In person, telephone, and/or e-mail requests for passport records information should not be granted.  The requester should be instructed to submit their request for passport information in writing.

b. Exceptions to this general rule are:

(1)  When an individual requests the status of their own pending application (for example, “when will my passport be ready?” or “was it mailed?”);

(2)  When a passport acceptance agent or congressional office calls on behalf of an applicant seeking only status information about the applicant’s pending application.

c.  Questions from the general public or law enforcement regarding issued passport numbers may be referred to CA/PPT/S/RM/RRR.  Except for those pertaining to deceased individuals, passport numbers are protected under the Privacy Act.  Members of the general public must submit a written request.  No information will be provided in person, by telephone, fax, or e-mail.

d. Before answering any questions in person, on the telephone, or by e-mail, the appropriately authorized Department employee (including contractors) must ask the requester to identify themself by name and date and place of birth.  If there are any doubts about the requester’s identity, the employee must ask for the requester’s telephone number and tell them that the call will be returned.  This will allow time to consult with a supervisor and verify the facts given by the requester.

e. When an individual appears in person and requests information (other than the basic status information listed above), the employee must advise them that the request must be made in writing, and that the request and requested records must be reviewed before any information can be provided.

f.  Individuals seeking access to passport records pursuant to the FOIA and/or the Privacy Act should be referred to the Department’s FOIA hotline (202-261-8484) and/or the Department’s FOIA webpage.

8 FAM 1203.1-4(F)  Accounting and Accuracy of Disclosures

(CT:CITZ-104;   03-04-2024)

a. For records protected by the Privacy Act (including passport records and other records that are retrieved by personally identifiable information), section (c) of the Privacy Act requires an accurate accounting of the date, nature, and purpose of each disclosure of a record to any person or to another agency, as well as of the name and address of the person or agency to whom the disclosure is made:

(1)  This accounting must be retained for at least five years from the disclosure or for the life of the record, whichever is longer; and

(2)  Accounting is not required for any disclosures made on a need-to-know basis within the Department or for disclosures required by FOIA.

b. Prior to disclosure of records covered by the Privacy Act, make a reasonable effort to assure that such records are accurate, complete, timely, and relevant.

8 FAM 1203.1-5  First Party Request (The Subject of the Record)

(CT:CITZ-104;   03-04-2024)

a. For first-party access requests, the release of requested non-exempt information is required.

b. The Privacy Act governs the records of living U.S. citizens and aliens lawfully admitted for permanent residence (LPRs).  (If the record pertains to a person who is not a living U.S. citizen or LPR, generally the Privacy Act would not apply. .)

c.  A first-party request must contain the information required in 8 FAM 1203.1-4.

d. The reviewing officer in CA/PPT/S/RM/RCR (or in CA/PPT/S/RM/RRR for consular vital records) must review each first-party request under the Privacy Act and FOIA to determine whether any record should be withheld.  Disclosures in response to first-party requests must include all requested records unless subject to both a Privacy Act exemption (see 22 CFR 171.26), and a FOIA exemption (see 5 U.S.C. § 552(b)).

e. The reviewing officer must follow the legal guidance and policy directives of the Office of the Legal Adviser, the Department of Justice, and the Office of Management and Budget in applying the  and FOIA exemptions.

8 FAM 1203.1-6  Representatives of the Individual

(CT:CITZ-104;   03-04-2024)

a. As a general rule, passport records are not disclosed to third-party requesters without written authorization from the individual to whom the records pertain.  The  Privacy Act allows for certain third-party requesters acting as agents for an individual to obtain that individual’s Privacy Act records.  Department regulations regarding third-party requester requirements may be found at 22 CFR 171.11n(3) and 22 CFR 171.22(e).

b. The Privacy Act provides that knowingly or willingly seeking or obtaining access to records about another individual under false pretenses is punishable by a fine of up to $5,000 (5 U.S.C. 552a(i)(3)).

c.  A parent or legal guardian of a minor child:  Passport agencies/centers must forward the requests below to CA/PPT/S/104;RM/RRR, Posts and CA/OCS should follow the guidance int 7 FAM 060.

(1)  A parent or legal guardian of a minor child may, upon sufficient documentation of the parental/legal guardian relationship, including the full name of the parent/legal guardian, obtain information from the child’s record (see 8 FAM 502.2 for information on relationship);

(2)  When a parent or legal guardian's parental rights have been terminated pursuant to court order, the request should be denied;

(3)  Release of the minor’s record may be restricted, i.e., a redacted record provided or a request denied, in the Department's discretion, including where the record suggests evidence of family violence; and

(4)  If a minor (of sufficient age and maturity) or other parent has asked that information not be disclosed, CA/PPT/S/RM/RRR must coordinate with L/CA.

d. The legal guardian of an incompetent individual may receive information from the individual’s records upon submission of a court order appointing them legal guardian and declaring the individual incompetent.

e. An attorney or other authorized designee may receive the subject's records, provided that:

(1)  The subject of the record submits a signed, written consent that is either notarized or made under the penalty of perjury pursuant to 28 U.S.C. 1746 that authorizes the Department to release certain documents to the requester; and

(2)  The requester and the subject of the record both submit a clear copy of their valid government-issued photo identification, such as a driver’s license or other acceptable identification document(s) (see 8 FAM 401.3).

f.  Members of Congress:

(1)  A member of Congress (or members of their staff acting on the member's behalf) seeking information about an individual for constituent services purposes generally must submit a written request from the subject of the record asking for assistance from the congressional office or authorizing information be released to the member of Congress;

(2)  If the member of Congress forwards a copy of a letter from the constituent expressly asking for assistance in obtaining records that are Privacy Act protected, that letter can be taken as the subject's consent to release the information to the member, absent indications that the constituent intended otherwise;

(3)  In any such case, members of Congress are only entitled to the information that would also be released directly to the subject of the record;

(4)  If the constituent’s identity cannot be verified, the member of Congress should be asked to submit a statement from the constituent attesting to their identity, and stipulating that the individual understands that knowingly or willingly seeking or obtaining access to records about another individual under false pretenses is punishable by a fine of up to $5,000 (5 U.S.C. 552a(i)(3));

(5)  A congressional office calling on behalf of a constituent seeking status information about the applicant’s pending passport application does not need to provide written authorization from the constituent.  In such a circumstance, personally identifiable information about the applicant must not be disclosed to the congressional office.  CA/PPT simply confirms whether or not a passport has been or will be issued.  In all cases of requests from members of Congress, you must be satisfied that the request comes from a bona fide staff member of a congressional office before releasing any information; and

(6)  All other types of congressional inquiries requesting passport records must be referred to CA/PPT/S/RM/RRR.

g. Acceptance agents:

(1)  Federal/Military acceptance agents may be given information about the status of the passport application, expected processing times, and any information contained in an information request letter (IRL) or information notice (IN) (see 8 FAM 801.2) as a routine use under SORN State-26 and memoranda of understanding with the entitled entities; and

(2)  Other acceptance agents may only be given information about the status of the passport application and expected processing times.

h. Registered or unregistered couriers may, pursuant to written consent by the individual to whom the record pertains, be given information about the status of a passport application provided the courier has submitted a letter signed by the applicant authorizing that party to handle the application.

NOTE:  If the signatures on the authorization letter and the application are not the same, the authorization letter should be rejected and a new letter requested.

8 FAM 1203.1-7  Requests from Other Areas of the Department Of State

(CT:CITZ-104;   03-04-2024)

a. Passport agencies/centers must direct all requests for passport records to CA/PPT/S/RM/RRR.

b. Other offices within the Bureau of Consular Affairs:

(1)  The Directorate of Overseas Citizen Services (CA/OCS)

(a)  In discharge of its duties, CA/OCS has full access to CA/PPT records through PIERS or ACRQ.  A However, when necessary, passport agency/center may release information from a passport record to CA/OCS in accordance with 5 U.S.C. 552a(b)(1) (intra-agency disclosures based on need-to-know); and

(b)  CA/OCS directs inquiries from the general public, congressional offices, or other third parties to CA/PPT/S/RM/RRR for action, unless one of the exceptions set forth in 7 FAM 060 applies.

(2)  The Office of Fraud Prevention Programs (CA/FPP)

(a)  CA/FPP reviews potentially fraudulent passport applications as part of its official duties.  In discharge of these duties, CA/FPP has full access to CA/PPT records;

(b)  When CA/FPP requests assistance from another government agency to perform a review as part of its official duties, CA/FPP may release relevant information in passport records to that agency to the extent authorized by the Privacy Act and SORN State-26; and

(c)  CA/FPP compiles and maintains all written documentation required for the release of such information (8 FAM 1203.1-14.

(3)  The Visa Services Office (CA/VO):

(a)  CA/VO’s Office of Field Operations, Post Operations Division (CA/VO/F/P) liaison officers for each geographic region provide operational and procedural guidance to overseas posts on immigrant and nonimmigrant visa matters.  In discharge of its duties, CA/VO/F/P has full access to ACRQ; and

(b)  Other offices within CA/VO must direct requests for passport records to the interagency coordination team.  For example, to verify whether a visa applicant has, or has had, a U.S. passport or CRBA.  If CA/VO wishes to share passport records it must direct the requester to CA/PPT/S/RM/RRR.

c.  The Bureau of Diplomatic Security (DS):

(1)  DS may obtain information on an individual if the information is to be used in the discharge of DS’s responsibilities.  Those responsibilities include investigation of consular fraud and protection of Department of State workplaces:

(a)  In discharge of its duties, DS has full access to PIERS, ACRQ, and ECAS pursuant to a memorandum of understanding (MOU) between CA/PPT and DS; and

(b)  The DS referral form in ECAS is acceptable in lieu of a Record of Release (see 8 FAM 1203.1-14.

(2)  DS may occasionally be asked to obtain records for other law enforcement agencies for such agencies’ own law enforcement activities, when there is an urgent need; DS should adhere to provisions regarding third-party sharing in the current memorandum of understanding with CA/PPT;

(3)  In Privacy Act Section (b)(7) cases or "routine use" disclosures under section (b)(3) where there is a written request for information from another agency, the DS agent in receipt of the request must submit a written request from the other agency to CA/PPT/S/RM/RRR in accordance with 8 FAM 1203.1-8.

d. The Office of the Inspector General (OIG):

(1)  The OIG may obtain information on an individual if the information is to be used in the discharge of the OIG’s responsibilities.  In the discharge of its duties, the OIG has full access to PIERS or ACRQ;

(2)  The OIG may be asked to obtain information for other law enforcement agencies for such agencies’ own law enforcement activities.  Information may be released to other law enforcement agencies if the requirements of section (b)(7) of the Privacy Act are met, or if the disclosure is permissible under section (b)(3) in accordance with a published Privacy Act “routine use”; and

(3)  In such cases, the OIG agent must submit a written request from the other agency and coordinate with CA/PPT/S/RM/RRR in accordance with 8 FAM 1203.1-8.

8 FAM 1203.1-8  Law Enforcement Agencies

(CT:CITZ-104;   03-04-2024)

Requests from law enforcement agencies, including those through DS, OIG, or other Department of State offices, must be referred directly to CA/PPT/S/RM/RRR:

(1)  Information from an individual’s record may be released in accordance with Sections (b)(3) or (b)(7) of the Privacy Act, to a local, state, or federal law enforcement agency, if the request is made pursuant to that agency’s statutory functions;

(2)  A request for disclosure under (b)(7) must be received in writing and signed by the head of the agency, or an official to whom the head of agency has delegated the authority to make requests under section (b)(7), and must specify the particular portion of the record desired and the law enforcement activity for which the record is sought; and

(3)  Information may be released to law enforcement agencies if the disclosure is permissible under section (b)(3) in accordance with the applicable SORN or the Department Prefatory Statement of Routine Uses. However, agencies must provide a written request for the portion of the record desired, the purpose for which the record is sought, and the section(s) of law pursuant to which the request is being made;

(4) If an original CA/PPT record is needed for forensic analysis, coordinate with CA/PPT/S/RM/RRR.

 

NOTE:  Direct access to CLASS is limited to Department of State employees only.

8 FAM 1203.1-9  Other Government Agencies (Federal, State, Local, or Foreign)

(CT:CITZ-104;   03-04-2024)

a. Other than requests made pursuant to an existing and applicable Memorandum of Understanding (MOU) or equivalent agreement, or 7 FAM 060, requests for passport records from other government agencies (federal, state, local, or foreign--including intergovernmental organizations) must be referred directly to CA/PPT/S/RM/RRR.  CA/PPT/S/RM/RRR will determine whether the records requested fall within an exception to the Privacy Act, and whether they may be released.  If practicable, CA/PPT/S/RM/RRR will coordinate the response through the requesting agency’s accredited liaison representative.

b. Requests made pursuant to an existing MOU or equivalent agreement should be handled in accordance with the provisions of that MOU or agreement.  If an MOU is suspended or discontinued, the request for release of information from the former partner must be referred directly to CA/PPT/S/RM/RRR as provided above.

c.  The request must be in accordance with either section (b)(3) or (b)(7) of the Privacy Act.

d. The request must specify the portion of the record desired and the purpose or law enforcement activity for which the record is sought.

e. If release is approved, the reviewing officer must complete a review sheet that must be attached to the record.

8 FAM 1203.1-10  Other Third Party Requests

(CT:CITZ-104;   03-04-2024)

a. If an individual’s record or other non-public passport record is requested by someone other than the subject, the minor subject's parents, the subject’s representative/guardian, or a government entity (such as a law enforcement agency, or a court), disclosure is generally not authorized. For requests from members of Congress or congressional offices, or from acceptance agencies, see 8 FAM 1203.1-6.

b. Anyone, whether a citizen, alien, corporation or other non-governmental organization, or foreign government, etc., may make a FOIA request.  Refer all requests for passport information under the FOIA, including requests for information not related to a specific individual, to CA/PPT/S/RM/RRR.

c.  For information about filing a FOIA request for passport records and/or related information refer interested persons to the Department's FOIA webpage. d.       As a general rule, and consistent with the FOIA's personal privacy exemption, 5 U.S.C. 552(b)(6), the Department will not disclose an individual's passport or other records to third parties in response to a FOIA request without the written consent of the individual to whom the passport records pertain.

e. Information may be released from the records of a deceased person provided that any information that also concerns a living person that is exempt from release under the FOIA is excised.  Such a request must be accompanied by proof of death such as a copy of the death certificate (see 8 FAM 203.1, "Death of Passport Applicants/Bearers" for further procedures).

f.  Health or safety issues:

(1)  Section (b)(8) of the Privacy Act (the health or safety exception) permits disclosure of records pursuant to "a showing of compelling circumstances affecting the health or safety of an individual";

(2)  Ordinarily, evidence of imminent danger to the subject of the record must be demonstrated to the reviewing officer in CA/PPT/S/RM/RRR;

(3)  If the reviewing officer in CA/PPT/S/RM/RRR is not satisfied with the evidence submitted, or the alleged danger pertains to someone other than the file subject, refer the issue to L/CA;

(4)  The subject of the record must be notified of such release in writing to their last known address; and

8 FAM 1203.1-11  Fourth Party Information

(CT:CITZ-104;   03-04-2024)

a. When a third party requests information about a deceased individual from that individual's passport records which pertains to a fourth party (that is, someone other than the subject or the requester), the request should be processed under the FOIA's personal privacy exemption, 5 U.S.C. 552(b)(6), unless the information was provided directly by the fourth party (for example, affidavits, statements, or correspondence on behalf of the applicant).  Deceased persons have no Privacy Act rights.

b. The executor, legal representative, or administrator of the record subject or their estate may obtain a copy of the subject's passport records including information about a fourth party which was included in the record by the subject or by CA personnel during the adjudication process (for example, the person to contact in case of an emergency).

8 FAM 1203.1-12  Requests for consular records of birth or death, Panama Canal Zone Birth and Death Documents, and Certificates of Witness to Marriage

(CT:CITZ-104;   03-04-2024)

a. Forms FS-240 (CRBAs):

(1)  CA/PPT/S/RM/RCR will process first-party and representative requests for replacement CRBAs (see 8 FAM 1203.1-5 and 8 FAM 1203.1-6);

 (2) CA/PPT/S/RM/RCR will release the CRBA of a minor child to a parent/legal guardian if:

(a)  There is no evidence of termination of the requesting parent's parental rights;

(b)  The parent is listed on the CRBA; or

(c)  They present evidence of parental rights.

(3)  Every application for a replacement CRBA is cleared through the CLASS.  If a child custody hold is returned in CLASS, CA/PPT/S/RM/RCR will notify CA/OCS/CI of the issuance of a CRBA to the requesting parent.  However, because the Department may, in its discretion, disclose information about a child to any legal parent or guardian, regardless of custody arrangements, pre-approval from CA/OCS/CI is not required; and

(4)  If the subject of the CRBA is no longer a U.S. citizen, CA/PPT/S/RM/RCR may release information from the record in consultation with CA/PPT/S/RM/RRR.  However, a replacement CRBA cannot be issued.

b. Form DS-2029 (and supporting documentation): if the form DS-2029 is requested, CA/PPT/S/RM/RCR will refer the request to CA/PPT/S/RM/RRR for appropriate handling and response.

c.  Report of Death of an U.S. Citizen Abroad:

(1)  CA/PPT/S/RM/RCR will release information from form DS-2060 Report of Death to a third party after making any excisions needed to protect the privacy rights of other living persons identified on the report of death; and

(2)  An executor or administrator (or equivalent) of a deceased person’s estate may receive an un-excised copy of the form DS-2060 upon presentation of a signed copy of Letters Testamentary or Letters of Administration.  Letters Testamentary are documents issued by a probate court or officer informing an executor of a will of their appointment.  Letters of Administration are documents issued by a probate court or officer to a qualified individual when a person has died without leaving a will.

d. Panama Canal Zone birth and death documents:

(1)  CA/PPT/S/RM/RCR will process first-party and representatives requests for Panama Canal Zone birth and death documents (see 8 FAM 1203.1-5 and 8 FAM 1203.1-6); and

(2)  CA/PPT/S/RM/RCR will refer all other requests to CA/PPT/S/RM/RRR for appropriate handling and response.

e. Certificate of Witness to Marriage:

(1)  CA/PPT/S/RM/RCR will process a request for a certified copy of a Certificate of Witness to Marriage made by a first party requester (see 8 FAM 1203.1-5); and

(2)  CA/PPT/S/RM/RCR will refer all other requests for a Certificate of Witness to Marriage to CA/PPT/S/RM/RRR for appropriate handling and response.

8 FAM 1203.1-13  Access to Passport Services Records

(CT:CITZ-104;   03-04-2024)

a. Direct access to ACRQ may be granted in exceptional circumstances to representatives of offices and agencies outside CA/PPT, subject to the Privacy Act, and as directed by the Deputy Assistant Secretary for CA/PPT.  Such access is considered temporary; representatives will operate under the terms of an MOU or under authorization from the Deputy Assistant Secretary, Passport Services (CA/PPT), or the Managing Director of Issuance Operations (CA/PPT/I) or the Managing Director for Support Operations (CA/PPT/S).

b. Access to the records repositories will be limited to the personnel responsible for the custody and maintenance of the records.  CA/PPT/S/RM will maintain a current list of CA/PPT employees outside of CA/PPT/S/RM who are authorized access to the repositories to perform their official duties.  The list should consist of the following employees.  Address any changes to these lists to the Director of CA/PPT/S/RM:

(1)  Authorized searchers from:

(a)  CA/PPT/S/RM/RRR; and

(b)  CA/PPT/S/RM/RCR.

(2)  Duty officer searchers, when on duty.

c.  Access to the classified records area will be limited to the personnel responsible for custody and maintenance of those records.  Access by any other employee or individual will require the approval of the Deputy Assistant Secretary of CA/PPT or the managing director of CA/PPT/S.

d. Temporary direct access:  Office directors conducting studies or special projects requiring access to the manual or automated records should request authorization by memorandum to the director of CA/PPT/S/RM, stating the reason for the project, the names of personnel to have access, and approximate begin and end dates.  Requests by law enforcement agencies for access to multiple non-name-retrievable records must be referred to L/CA.

8 FAM 1203.1-14  DEPARTMENT OF STATE PASSPORT SERVICES RECORD OF RELEASE OF INFORMATION (example)

(CT:CITZ-104;   03-04-2024)

SCAN THE COMPLETED FORM TO RECORDRELEASEFORMS@STATE.GOV OR FAX A COPY OF THIS FORM 202-485-6555.  THE CA/PPT/S/RM/RRR TELEPHONE NUMBER 202-485-6578.

 

RECORD OF RELEASE OF INFORMATION

 

Information from Passport Records Released on following subject:

 

        SUBJECT:   __________________________________________

        Date/Place of Birth:  ____________________________________

 

        Type of record released:  [ ] Passport      -       _____________

                                              [ ] Other         -       _____________

 

Record(s) released to:

 

        Name and Title of Receiver of Record:  ____________________

 

        Name of Agency: _____________________________________

 

Reason for Release: Please see justification provided on

 

Record(s) released by: ________________________________________

Date Released:            ________________________________________

Law Enforcement Activity:  [ ] Criminal    [ ] Civil 

Statute Governing Release: _______________________________(MUST PROVIDE)

 

STATUTORY AUTHORITY:  As a duly accredited representative of the requesting agency name above, I hereby certify that the review is on behalf of the agency I represent, and is for official United States Government use only.  All information abstracted or obtained will be handled in accordance with its classification and with the Privacy Act of 1974 (5 U.S.C. 552a).  I further understand that no papers are to be taken from the file without notification, authorization and consent of the Passport Services Directorate.

 

 

 

UNCLASSIFIED (U)